Cargo Systems Messaging Service

CSMS #50967853 - GUIDANCE: Section 301 China Conforming Amendment

The purpose of this message is to provide guidance regarding three conforming amendments of previously granted Section 301 China product exclusions based on the Harmonized Tariff Schedule of the United States (HTSUS) changes in Presidential Proclamation 10326.

BACKGROUND

Effective January 27, 2022, the U.S. International Trade Commission (USITC), in accordance with Presidential Proclamation 10326 of December 23, 2021, implemented certain changes in 10-digit statistical reporting categories of the (HTSUS) per Publication 5240.

On January 28, 2022, the USTR published 87 FR 4704 making three conforming amendments to existing product exclusions in the China Section 301 trade remedy as set out in 85 FR 85831 (December 29, 2020), 86 FR 13785 (March 10, 2021), and 86 FR 63438 (November 16, 2021) changing certain statistical reporting categories in the HTSUS to bring them in conformance with recent updates to the HTSUS. 

The functionality for the acceptance of the technical amendment are available in the Automated Commercial Environment (ACE) as of 7 a.m. eastern standard time, February 1, 2022.  Importers may submit a post summary correction to request a refund of duties for any entries filed after the effective date of these changes, and prior to February 1st.

GUIDANCE

Instructions for importers, brokers, and filers on submitting entries to CBP containing granted exclusions by the USTR from the Section 301 measures are set out below:

• Per the Annex to 87 FR 4704, with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on January 27, 2022 and before 11:59 p.m. eastern standard time on May 31, 2022, U.S. note 20(sss)(i)(1) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS) is amended by deleting “8421.39.8090” and by inserting “8421.39.8090 prior to January 27, 2022; described in statistical reporting number 8421.39.0190 effective January 27, 2022” in lieu thereof.
• Per the Annex to 87 FR 4704, with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on January 27, 2022 and before 11:59 p.m. eastern standard time on May 31, 2022, U.S. note 20(sss)(iii)(14) to subchapter III of chapter 99 of the HTSUS is amended by deleting “3824.99.9297” and by inserting “3824.99.9297 prior to January 27, 2022; described in statistical reporting number 3824.99.9397 effective January 27, 2022” in lieu thereof.
• Per the Annex to 87 FR 4704, with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on January 27, 2022 and before 11:59 p.m. eastern standard time on May 31, 2022, U.S. note 20(sss)(iii)(15) to subchapter III of chapter 99 of the HTSUS is amended by deleting “3824.99.9297” and by inserting “3824.99.9297 prior to January 27, 2022; described in statistical reporting number 3824.99.9397 effective January 27, 2022” in lieu thereof.
• Importers shall not submit the corresponding Chapter 99 HTSUS number for the Section 301 duties when HTSUS number 9903.88.66 is submitted.
  
  

ADDITIONAL INFORMATION

Imports, which have been granted a product exclusion from the Section 301 measures and which are not subject to the Section 301 duties, are not covered by the Foreign Trade Zone (FTZ) provisions of the Section 301 Federal Register notices, but instead are subject to the FTZ provisions in 19 CFR part 146. 

In situations where an importer has requested a product exclusion and the request is pending with the USTR, importers or their licensed representative may submit a request to extend the liquidation of impacted unliquidated entry summaries to CBP.

Reminder: importers, brokers, and/or filers should refer to CSMS 39587858 (Entry Summary Order of Reporting for Multiple HTS when 98 or 99 HTS are required) for guidance when filing an entry summary in which a heading or subheading in Chapter 99 is claimed on imported merchandise.

For ease of reference, a summary of Section 301 duties and product exclusion notifications is attached.

Reminder: importers, brokers, and/or filers should refer to CSMS 39587858 (Entry Summary Order of Reporting for Multiple HTS when 98 or 99 HTS are required) for guidance when filing an entry summary in which a heading or subheading in Chapter 99 is claimed on imported merchandise.

For ease of reference, a summary of Section 301 duties and product exclusion notifications is attached.

Questions from the importing community concerning ACE entry rejections involving product exclusions should be referred to their CBP Client Representative. Questions related to Section 201 entry-filing requirements, please refer to CSMS message #42203908 (Information on Trade Remedy Questions and Resources) https://content.govdelivery.com/accounts/USDHSCBP/bulletins/283fb04.

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